Officers not to be retired for misconduct

  1. Law
  2. USC 10
  3. Armed Forces
  4. Navy and Marine Corps
  5. PERSONNEL
  6. VOLUNTARY RETIREMENT
  7. Officers not to be retired for misconduct

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§8329. Officers not to be retired for misconduct

No officer of the Navy or the Marine Corps may be retired because of misconduct for which trial by court-martial would be appropriate.

(Aug. 10, 1956, ch. 1041, 70A Stat. 396 , §6329; renumbered §8329, Pub. L. 115–232, div. A, title VIII, §807(b)(15), Aug. 13, 2018, 132 Stat. 1836 .)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
6329 34 U.S.C. 385. R.S. 1456.
  34 U.S.C. 626–1(a) (1st sentence). Aug. 7, 1947, ch. 512, §314(a) (1st sentence), 61 Stat. 863 ; May 5, 1954, ch. 180, §205, 68 Stat. 68 .

The words "for which trial by court-martial would be appropriate" are substituted for the words "but he shall be brought to trial by court-martial for such misconduct". The peremptory command in the source text is at variance with the theory of the Uniform Code of Military Justice and conflicts with the provisions of articles 30, 32, and 34. The substituted words are in accord with the interpretation placed on R.S. 1456 in Denby v. Berry, 263 U.S. 29, 36 (Nov. 12, 1923).

Amendments

2018-Pub. L. 115–232 renumbered section 6329 of this title as this section.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.


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